Guarantees of professional activity of defense attorney in criminal proceedings

This article purpose is to determine legal status content of the defense attorney of the suspect (accused) in criminal proceedings, to characterize the guarantees of his professional activity. For implementing the set goal, a set of general scientific methods was applied (analysis and synthesis, generalization, logical-structural approach, etc.). It was investigated that the guarantees of the professional activity of the lawyer (defense attorney) in criminal proceedings are represented by a set of international legal and national provisions that determine his rights and obligations in the event of his defense of the suspect (accused / defendant / convicted). The sources of the aforementioned guarantees are the Constitution, the Criminal Procedure Code, the Law “Law of Ukraine: On the Bar and Legal Practice”, and subordinate regulatory legal acts of Ukraine. The outlined legal guarantees determine the powers of the defense attorney in ensuring the right to defense and fair justice, they are used when obtaining evidence, to substantiate the legal position, to appeal procedural decisions, etc. The system of legal guarantees of the defense attorney in criminal proceedings is presented in the form of: 1) constitutional and criminal law provisions that provide grounds for criminal liability for violation of the right to defense, as well as for any illegal influence on its activities (Articles 397-400 of the Criminal Code of Ukraine); 2) general guarantees stipulated by the Law of Ukraine “Law of Ukraine: On the Bar and Legal Practice”, international legal acts and the practice of the European Court of Human Rights; 3) criminal procedural guarantees that give the defense attorney the right to represent the interests of the client, participate in procedural measures, submit motions, complaints, etc.; 4) special guarantees that determine the competence of the defense attorney in resolving narrowly defined issues (for example, initiating a forensic examination based on contractual relations).